Skip to main content
Loading…
This section is included in your selections.

A. The owner of the short-term rental is responsible for compliance with the provisions of this chapter and the failure of an agent and/or local contact to comply with this chapter will be deemed noncompliance by the owner. The city planner (or planning commission when required) may revoke or void any permit for a short-term rental for noncompliance with the conditions and standards set forth in this chapter and pursuant to the procedures established in this subsection.

B. Violations. Remedies and penalties for violations under this chapter are provided in WMC Chapter 1.20 and subsection (D) of this section. The following conduct shall constitute a violation for which the referenced penalties may be imposed, or the permit revoked:

1. Noncompliance with any of the requirements in this chapter.

2. Noncompliance with conditions imposed by the city planner and/or planning commission.

3. The owner/agent commences or continues to advertise and/or operate a short-term rental without first procuring the required permit.

4. Failure to comply with a notice of violation/citation and/or pay any fines imposed pursuant to this subsection.

5. Failure to remit city sales tax or submit a report as required by WMC Chapter 5.16.

6. The occupants of the short-term rental have created noise, disturbances, or nuisances, in violation of the Wasilla Municipal Code or state law pertaining to consumption of alcohol or the use of illegal drugs.

7. Failure to provide and maintain a valid 24-hour contact telephone number for the local contact responsible for a short-term rental.

8. Failure to preserve occupancy records or failure to present such records when requested by the city to do so.

C. Evidence of Violation.

1. Advertising of any kind by an owner or agent that offers a residential dwelling unit as a short-term rental, as defined and regulated in this chapter, shall constitute prima facie evidence of the operation of a short-term rental. The burden of proof shall be on the owner, operator, or lessee of record to establish that the subject property is being used as a legal short-term rental or is not in operation.

2. Other evidence of the operation of a short-term rental without a valid permit number may include, but is not limited to, occupant testimony, rental agreements, advertisements, and receipts or bank statements showing payments to the owner by an occupant.

D. Penalties. The penalties for violations specified in this chapter shall be the responsibility of the owner as follows:

1. For the first violation within any 12-month period, the penalty shall range from a notice of violation to a fine of $500.00.

2. For a second violation within any 12-month period, the penalty shall be $1,000 and may also include revocation of the permit.

3. For a third violation within any 12-month period, the penalty shall be revocation of the permit.

4. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

5. Revocation of the short-term rental permit may occur at any time if the owner/agent fails to preserve occupancy records or present such records when requested by the city to do so.

6. In addition to the penalties above, a notice to cease and desist operation of the short-term rental of a residential dwelling unit shall be issued for any short-term rental that is determined to be advertised for use as a short-term rental without first obtaining the necessary permit required under this chapter.

E. Written Notice. The city shall provide the owner with a written notice of any violation of this chapter. A copy of the warning notice shall be sent to the local contact.

1. Correctable Violation. The written notice will set forth the type of violation, the remedy, and the time period allowed to correct the violation.

2. Revocation. If the violation results in revocation of the short-term rental permit, the written notice will set the grounds upon which the permit was revoked, the date and time when the revocation is effective, and the appeals procedure. These provisions do not preclude the city planner’s use of any other remedy prescribed by law with respect to violations of this chapter.

F. Application for Permit after Revocation. A person who has had a short-term rental permit revoked shall not be permitted to apply for a subsequent short-term rental permit for a period of two years from the date of revocation. (Ord. 19-29(SUB)(AM) § 2, 2020)